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COMPILATION 


OK 


ORDERS, OPINIONS, INSTRUCTIONS, ETC,, 


IN REGARD TO 


NATIONAL MILITARY CEMETERIES. 


WAIl DEPARTMENT, 
QUARTERMASTER-GENERAL'S OFFICE, 

Washington , D. C. t June 22, 1878. 



1878 . 























/ 








































War Department, 
Quartermaster-General’s Office, 

Washington , D. ( 7 ., June 22, 1878. 

The following compilation of laws, orders, opinions, 
instructions, &c., in regard to National Military Ceme¬ 
teries, is published for the information of all concerned. 

All orders or general instructions which may here¬ 
after be issued concerning National Cemeteries will be 
noted in their proper places in the blank leaves inserted 
for that purpose. 

M. C. MEIGS, 
Quartermaster - General y 
Brevet Major-General , U. S. Army - 





































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NATIONAL MILITARY CEMETERIES. 


ESTABLISHMENT. 

Tlie President of the United States shall have power, 
whenever in his opinion it shall be expedient, to pur¬ 
chase cemetery grounds, and cause them to be securely 
inclosed, to be used as a National Cemetery for the sol¬ 
diers who shall die in the service of the country. (Sec¬ 
tion 18 of act approved July 17, 1862. G. O. 91, A. G. 
O., 1862.) 

Resolved , d’c., That the Secretary of War be, and he 
is hereby, authorized and required to take immediate 
measures to preserve from desecration the graves of the 
soldiers of the United States who fell in battle or died 
of disease in the field and in hospital during the war of 
the rebellion; to secure suitable burial-places in which 
they may be properly interred, and to have the grounds 
inclosed, so that the resting-places of the honored dead 
may be kept sacred forever. (Approved April 13,1866. 
G. O. 62, A. G. O., 1866.) 

Be it enacted , tfie., That in the arrangement of the Na¬ 
tional Cemeteries established for the burial of deceased 
soldiers and sailors, the Secretary of War is hereby di¬ 
rected to have the same inclosed with a good and sub¬ 
stantial stone or iron fence; and to cause each grave 
to be marked with a small headstone, or block, with the 



6 


number of the grave inscribed thereon, corresponding 
with the number opposite to the name of the party, in 
a register of burials to be kept at each cemetery and at 
the office of the Quartermaster-General, which shall set 
forth the name, rank, company, regiment, and date of 
death of the officer or soldier; or, if unknown, it shall 
be so recorded. 

Sec. 2. And be it further enacted , That the Secretary 
of War is hereby directed to cause to be erected at the 
principal entrance of each of the National Cemeteries 
aforesaid a suitable building to be occupied as a por¬ 
ter’s lodge; and it shall be his duty to appoint a meri¬ 
torious and trustworthy superintendent, who shall be 
selected from enlisted men of the Army disabled in serv¬ 
ice, * * * to reside therein, for the purpose of 

guarding and protecting the cemetery, and giving infor¬ 
mation to parties visiting the same. (Act approved 
February 22, 1807. G. O. S« A. G. O., 1807.) 

Be it enacted, &c., That the President of the United 
States is authorized to provide, out of the ordinary 
annual appropriations for establishing and maintaining 
United States Military Cemeteries, for the proper care 
and preservation and maintenance of the cemetery or 
burial-ground near the city of Mexico, in which are in¬ 
terred the remains of officers and soldiers of the Uuited 
States, and of citizens of the United States, who fell in 
battle, or died in and around said city; and that this 
cemetery shall be subject to the rules and regulations 
affecting United States National Military Cemeteries 
within the limits of the United States, so far as they 
may, in the opinion of the President, be applicable 
.thereto. (Approved March 3, 1873. G. O. 47, A. G. 
O., 1873.) 


The Secretary of War shall provide for the care and 
maintenance of ’the National Military Cemeteries and 
for this purpose shall submit au estimate with his annual 
estimates to Congress, and section 4870 of the llevised 
Statutes is hereby repealed.* (Act approved July 24, 
1876. G. O. 70, A. G. O., 1870.) 

* The section repealed reads as follows : “ The Secretary of War 
shall detail some officer of the Army, not under the rank of major, 
to visit annually all of the National Cemeteries, and to inspect and 
report to him the condition of the same, and the amount of money 
necessary to protect them, to sod the graves, gravel and grade the 
walks and avenues, and to keep the grounds in complete order; 
and the Secretary shall transmit such report to Congress at the com¬ 
mencement of each session, together with an estimate of the appro¬ 
priation necessary for that purpose.” 





































































































































































ACQUIREMENT OF LAND, PREPARATION OF 
TITLE-PAPERS, AND JURISDICTION. 


Sec. 4. (Act of February 22, 18G7.) And be it further 
enacted , That it shall be the duty of the Secretary of 
War to purchase from the owner or owners thereof, at 
such price as may be mutually agreed upon between the 
Secretary and such owner or owners, such real estate as in 
his judgment is suitable and necessary for the purpose 
of carrying into effect the provisions of this act, and to 
obtain from said owner or owners title in fee-simple for 
the same. And in case the Secretary of War shall not 
be able to agree with said owner or owners upon the 
price to be paid for any real estate needed for the pur¬ 
pose of this act, or to obtaiu from said owner or owners 
title in fee-simple for the same, the Secretary of War is 
hereby authorized to enter upon and appropriate any 
real estate which, in his judgment, is suitable and neces¬ 
sary for the purposes of this act. 

Sec. 5. And be it further enacted , That the Secretary 
of War, or the owner or owners of any real estate thus 
entered upon and appropriated, are hereby authorized 
to make application for an appraisement of said real 
estate thus entered upon and appropriated to any dis¬ 
trict or circuit court within any State or district where 
such real estate is situated; and any of said courts is 
hereby authorized and required, upon such application, 
and in such mode and under such rules and regulations 



10 


as it may adopt, to make a just and equitable appraise¬ 
ment of' the cash value of the several interests of each and 
every owner of the real estate and improvements thereon 
entered upon and appropriated for the purposes of this 
act, ai d in accordance with its provisions. 

Sec. 6 . And be it further enacted , That the fee-simple 
of all real estate thus entered upon and appropriated 
for the purposes of this act, and of which appraisement 
shall have been made under the order and direction of 
any of said courts, shall upon payment to the owner or 
owners, respectively, of the appraised value, or in case 
said owner or owners refuse or neglect for thirty days 
after the appraisement of the cash value of the said 
real estate or improvements by any of said courts, to 
demand the same from the Secretary of War, upon de¬ 
positing the said appraised value in the said court, mak¬ 
ing such appraisement to the credit of said owner or 
owners, respectively, be vested in the United States, 
and its jurisdiction over said real estate shall be exclu¬ 
sive, and the same as its jurisdiction over real estate 
purchased, ceded, or appropriated for the purposes of 
navy-yards, forts, and arseuals. And the Secretary of 
War is hereby authorized and required to pay to the 
several owner or owners, respectively, the appraised 
value of the several pieces or parcels of real estate, as 
specified in the appraisement of any of said courts, or 
to pay into any of said courts by deposit, as hereinbefore 
provided, the said appraised value; and the sum neces¬ 
sary for such purpose may be taken from any moneys 
appropriated for the purposes of this act. 


* 


11 


Attorney-General’s Office, 

June 4, 1857. 

The following regulations have been prepared for the 
convenience of those who may have occasion to draw 
conveyances, make abstracts, or collect evidence of title 
to lands, in cases where it may be the duty of this office 
to certify concerning the validity of title. A strict ob¬ 
servance of them will greatly facilitate the examination, 
as well as tend to correct conclusions : 

I. The deed from the vendor to the United States and 
their assigns must be acknowledged according to the 
laws of the State, District, or Territory where the land 
lies. 

II. A plot or draught of the land should be furnished, 
showing the boundary-lines, their courses and distances, 
and the adjoining owners, streets, rivers, or other waters. 

III. Where the property proposed to be sold consists 
of more than one piece, the titles to which are derived 
through different persons, the dividing-lines must be 
traced on the draught, and the separate pieces distinctly 
marked. 

IV. It is necessary to have an accurate and full ab¬ 
stract of the title, showing its transmission from the 
original source to the vendor, with each transfer noted 
in the proper order of time, the name of each grantor 
and grantee written at length, with dates showing when 
the several conveyances were executed, acknowledged, 
and recorded. This abstract must note every fact on 
which the validity of the title depends, whether it be 
proved by matter of record, by deed, or en pais. 

Y. The abstract must be verified by being accompa¬ 
nied either with the original documents it refers to or 
else with copies legally authenticated. 


12 


YI. The title-papers must all be marked with numbers 
corresponding to the numbers under which they are 
arranged in the abstract. 

VII. When an estate in the land has passed by devise, 
the will and the probate must be shown, and if the de¬ 
visee is not named, proof of his identity will be required. 

VIII. Where it has descended from an intestate an¬ 
cestor to his heirs, satisfactory proof of the condition 
and number of the decedent’s family must be given. 

IX. If the estate has passed by a judicial sale, or by 
a sale under the order of any court, or if it has been 
divided by proceedings in partition, the regularity of the 
sale or partition must be shown by a copy of the record. 

X. The foreclosure of a mortgage can be shown only 
by an authentic copy of the proceedings had for that 
purpose. 

XI. When the wife of a grantor has not joined in a 
deed, some evidence must be given that he was unmar¬ 
ried at the time, or that his wife is since dead. 

XII. If the grantor be a woman, it must be shown 
that she was unmarried at the date of the deed from 
her. 

XIII. When a deed is executed by the heirs of a per¬ 
son within twenty-one years after his death, evidence 
will be required to show that they were of full age at 
the time of the grant. 

XIY. When the title has passed through a corporate 
body, the charter must be produced, and the authority 
of the officer who granted away the estate must be 
shown. 

XY. When the estate has been conditional, it will be 
necessary to furnish clear proof that the conditions have 
been fulfilled or lawfully excused. 


13 


XVI. When the title depends on statute law, other 
than the public laws of the United States; upon a local 
la\fr differing from the general rule of the common law; 
upon a public document, or upon history, the books re¬ 
lied on to establish it should be accurately referred to, 
and the page noted. 

XVII. Presumptions arising from lapse of time will 
be allowed the weight given to them by the judicial tri¬ 
bunals of the State where the land lies. An apparent 
defect in an old deed need not be explained if the pos¬ 
session of the property has been according to such deed 
for thirty years or upwards. 

XVIII. A title offered to the United States will not 
be regarded as invalid on account of an outstanding title 
which has been barred by a legal limitation. But in all 
cases where time is relied on to extinguish an outstand¬ 
ing title, the party must show, by clear proof, not only 
an adverse possession for the full period, but also that 
there are no persons who have rights that may be saved 
by exceptions to the statute. 

XIX. Before sending the papers to this office for ex¬ 
amination, they should be submitted to the attorney of 
the United States for the district in which the land lies. 
It will be his duty to certify an opinion on the whole 
title, and to state particularly whether the local laws 
are correctly given, the papers properly authenticated, 
and the facts established by satisfactory proof. 

Very respectfully, 


(G. O. 33, Q. M. G. O., 1866.) 


J. S. BLACK. 


14 


Quartermaster-General’s Office, 

Washington , I). 0., May 7, 1869. 

General : I have the honor to submit herewith the 
act of Congress entitled u An act to establish and protect 
National Cemeteries,” approved February 22, 1867 (re¬ 
published in General Orders No. 14, Quartermaster-Gen¬ 
eral’s Office, March 7,1867), and request that I be in¬ 
formed relative to the exact construction of some of the 
provisions contained therein. 

I have the honor further to invite your attention to 
article 1, section 8, paragraph 16, of the Constitution of 
the United States, by which it is provided that u Con¬ 
gress shall have power to exercise exclusive legislation in 
all cases whatsoever over such district, not exceeding ten 
miles square, as may by cession of particular States and 
the acceptance of Congress be the seat of government 
of the United States; and to exercise like authority over 
all places purchased by the consent of the legislature of 
the State in which the same shall be, for the erection of 
forts, magazines, arsenals, dock-yards, and other need¬ 
ful buildings.” 

By joint resolution of Congress, approved September 
11, 1841, it was made the duty of the Attorney-General 
of the United States to u examine into the titles of the 
lands or sites, which have been purchased by the United 
States for the purpose of erecting thereon armories, ar¬ 
senals, forts, fortifications, navy-yards, custom-houses, 
light-houses, or other public buildings of any kind what¬ 
ever, and report his opinion as to the validity of the title 
in each case to the President of the United States.” 

That resolution further provides that no public money 
shall be expended upon any site or land thereafter to be 
purchased by the United States for the purposes afore- 


15 


said, until the written opinion of the Attorney-General 
shall have been had in favor of the validity of the title* 
and also the consent of the legislature of the State in 
which the land or site may be, shall be given to the pur¬ 
chase. 

It will be observed that National Cemeteries are not 
enumerated among the class of public lands and build¬ 
ings which require “cession of jurisdiction’ 7 by the leg¬ 
islature of the State in which the land is loeated. Nor 
does the joint resolution of September 11, 181L, require 
the title-papers to be furnished to the Attorney-General 
for his opinion for lands or sites purchased for National 
Cemeteries, or consent to be had of the legislature of the 
State in which they are located, unless “cemeteries 77 are 
interpreted as u land for public buildings of any kind 
whatever 

If National Cemeteries are to come within the article 
of the Constitution aud the joiut resolution referred to 
above, the act of Congress of February 22, 1867, which 
enacts, in the sixth section thereof, that “the fee-simple 
of all real estate thus entered upon and appropriated for 
the purposes of this act, and of which appraisements 
shall have been made under the order aud direction ot 
any of the said courts, shall, upon payment to the owner 
or owners, respectively, of the appraised value, or in 
case said owner or owners refuse or neglect for 
thirty days after the appraisement of the cash value of 
the said real estate or improvements by any of said 
courts to demand the same from the Secretary of War, 
upon depositing the said appraised value in the said 
court, making such appraisement to the credit of said 
owner or owners, respectively, be vested in the United 
States; and its jurisdiction over said real estate shall be 


16 


exclusive, and the same as its jurisdiction over real estate 
purchased, ceded, or appropriated for the purposes of 
navy-yards,forts, and arsenals’’; appears to be inconsist¬ 
ent with the provisions of the Constitution, which require 
the legislative action of the States to cede jurisdiction 
to the United States. 

I have the honor further to report that heretofore, in 
all instances where sites or lands have been purchased 
or appraised for the purpose of establishing thereon Na¬ 
tional Cemeteries, the title-papers have always been 
transmitted to the honorable Attorney-General of the 
United States for his opinion, prior to the consummation 
of the purchase, and that in all cases where a cession of 
jurisdiction to the United States from the State legisla¬ 
ture could be procured, the same has been obtained 
prior to the payment of the purchase-money to the for¬ 
mer owner or owners. In some of the States, late in re¬ 
bellion, such cession of jurisdiction cannot be had, as no 
legislatures are in session, nor will any be in session 
until the States shall have been readmitted into the 
Union. On two occasions the honorable Secretary of 
War authorized the payment of the purchase-money in 
advance of the cession of jurisdiction by the legislature 
of the State of Mississippi, viz, at the National Ceme¬ 
teries at Corinth and Natchez. (In these two cases the 
constitutional convention of Mississippi ceded the juris¬ 
diction over the lands to the United States, but the hon¬ 
orable Attorney-General, to whom the papers were re¬ 
ferred for his opinion, returned them, stating that the 
cession granted by the constitutional convention was 
not considered a valid “ consent by the State legisla¬ 
ture,” as required by law.) 

The purchase-money has also in some few instances 


17 


been paid to tbe owners of sites or lands entered upon 
and appropriated by tbe United States for National Cem¬ 
eteries upon appraisement having been made by direc¬ 
tion of tbe court, agreeably to tbe provisions of the act 
of February 22,1867, without further cession of jurisdic¬ 
tion to tbe United States having been granted than that 
intimated in the said act. 

I respectfully request to be instructed as to whether 
it will hereafter be necessary to transmit the title-papers 
to National Cemeteries to the honorable Attorney-Gen¬ 
eral for his opinion and to await a cession of jurisdic¬ 
tion by the State legislatures prior to consummating 
the purchases of lands or sites for National Cemeteries. 

I am, general, very respectfully, your obedient serv¬ 
ant, 

ALEX. J. PERRY, 

Brevet Brigadier-General and 
Quartermaster , TJ. S. A rmy. 

Brevet Major-General M. C. Meigs, 

Quartermaster-General, Washington , D. C. 


Quartermaster General’s Office, 

Washington , D. C., May 13, 1869. 

Sir : I have the honor to submit herewith a report of 
Brevet Brigadier-General A. J. Perry, quartermaster, 
United States Army, on duty in this office in charge of 
the cemeterial branch, dated May 7, 1869, comparing 
various provisions of the Constitution, the joint resolu¬ 
tion of September 11, 1841, and act of Congress of Feb¬ 
ruary 22, 1867; and requesting information as to their 
exact construction. 

I am of the opinion that no exclusive jurisdiction can 
2 m c 



18 


inure to tbe United States over any lands purchased 
for any purpose without a cession by the State, and in 
almost all cases for thirty years past the States have 
refused to cede exclusive jurisdiction, but have retained 
concurrent jurisdictiou and the right to execute process 
in certain cases. 

I have given directions that the title-papers shall, in 
all cases of purchase, be submitted to the honorable 
Attorney-General before the payment of the purchase- 
money, and that his requirements be fulfilled before 
money is paid. 

I respectfully recommend that the question raised as 
to the effect of the act of Congress and of the Constitu¬ 
tion be submitted by the War Department to the hon¬ 
orable Attorney-General of the United States, request¬ 
ing his advice as to the proceedings had-or to be had in 
each class of cases mentioned in the report of General 
Perry. 

I am, sir, very respectfully, your obedient servant, 

M. C. MEIGS, 
Quartermaster - General , 
Brevet Major-General, U. S. Army. 

Hon. John A. Rawlins, 

Secretary of War , Washington , JJ. C. 

[Indorsement.] 

War Department, 

Bureau of Military Justice, 

May 18, 18G9. 

Respectfully returned to the Secretary of War. 

I am of opinion: 1st. That land can legally be pur¬ 
chased for National Cemeteries without a previous con¬ 
sent of or cession of its jurisdictiou by the State legis- 


19 


lature. 2d. That an act of Congress alone cannot vest 
the United States with exclusive jurisdiction over land 
so purchased, but that a formal cession of its own juris¬ 
diction by the State is still necessary. 3d. That, while 
the Attorney-General may not be required in strict law 
to furnish an opinion as to the validity of title in the case 
of National Cemeteries, the reference to him for an opin¬ 
ion in such cases is believed to be proper, as it is of 
course most desirable, in fact essential, to the complete 
protection of the government in purchasing. 

It is not, however, for me to express a confident opin¬ 
ion in regard to the duties or province of the Attorney- 
General; and as this is a question upon which he alone 
can properly pass, and the other questions herein pre¬ 
sented are of a grave character, the recommendation 
that the within papers be referred to him for opinion is 
concurred in. 

J. HOLT, 

Judge-Advocate - General . 

War Department, 

May 20, 1869. 

Sir: I have the honor to invite your attention to the 
accompanying letter of the 13th iustant, from the Quar¬ 
termaster-General, and to the extracts from the Consti¬ 
tution and laws of the United States therein cited, and, 
in connection with the subject of National Cemeteries, to 
request your opinion upon the following legal points: 

Whether the act of February 22, 1867, to establish 
and protect National Cemeteries, is competent to vest in 
the United States exclusive jurisdiction over lands ac¬ 
quired for such purposes; whether, under the require¬ 
ments of the joint resolution of September 11, 1841, the 
title-papers of such lands are to be submitted to the 


20 


honorable Attorney-General for his opinion as to their 
validity; and whether, under the joint resolution just 
cited, this department is legally estopped from paying 
any money for laud purchased for cemeterial purposes, 
until the consent of the State legislature to its acquisi¬ 
tion by the United States has been obtained. 

Your advice is further solicited as to the best meas¬ 
ures to adopt, if any be necessary, to perfect the title 
and jurisdiction of the United States in those cases 
where the purchase-money has been paid before the 
consent of State legislatures could be obtained. 

Very respectfully, &e., 

JNO. A. RAWLINS, 

# Secretary of War . 

The Hon. Attorney-General. 

Attorney-General’s Office, 

July 29, 1869. 

Sir : I have the honor to acknowledge the receipt of 
your letter of May 20, 1869, asking my opinion upon 
several questions therein contained. 

The first is, “whether the act of February 22,1867, to 
establish and protect National Cemeteries, is competent 
to vest in the United States exclusive jurisdiction over 
lands acquired for such purposes.” 

Section four of that act provides for the purchase, by 
the Secretary of War, from the owner or owners thereof, 
at such price as may be mutually agreed upon between 
the Secretary and such owners, such real estate as, in 
his judgment, is suitable and necessary for the purpose 
of carrying into effect the provisions of the act; and in 
case of failure to agree upon the price to be paid, or to 
obtain from the owner title in fee-simple for the same, 


21 


the Secretary of War is authorized to enter upon and 
appropriate any real estate which, in his judgment, is 
suitable and necessary for the purposes of the act. A 
provision is made in the following section for an 
appraisement of the value of any real estate thus 
entered upon and appropriated ; and by section &x it is 
enacted, that the fee-simple of all real estate thus 
entered upon and appropriated, of which appraisement 
shall have been made, shall, upon payment to the owner 
or owners of the appraised value, or, in case of their 
neglect for thirty days to demand the same, upon the 
appraised value being deposited in the court makiug 
such appraisement, “be vested in the United States, 
and its jurisdiction over said real estate shall be exclu¬ 
sive, and the same as its jurisdiction over real estate 
purchased, ceded, or appropriated for the purposes of 
navy-yards, forts, and arsenals.” 

The only clause iu the Constitution of the United 
States by which Congress is authorized to acquire 
exclusive jurisdiction over the territory of any part of 
the separate States of the Union, is found in Article I, 
section 8, and is in these terms: “The Congress shall 
have power * * * to exercise exclusive legislation, 

iu all cases whatsoever, over such district (not exceed¬ 
ing ten miles square) as may, by cession of the particu¬ 
lar States and the acceptance of Congress, become the 
seat of the Government of the United States; and to 
exercise like authority over all places purchased by the 
consent of the legislature of the State, in which the same 
shall be, for the erection of forts, magazines, arsenals, 
dock-yards, and other needful buildings.” 

I am of opinion that, under this provision of the Con¬ 
stitution, there is no power in Congress to acquire or 


22 

assert exclusive jurisdiction over any part of the terri¬ 
tory of any State without the consent of the legislature 
of the State; and that, in order to acquire exclusive 
jurisdiction over a National Cemetery, the consent of the 
legislature of the State in which the same is situated 
must first be obtained. I have no doubt that, as inci¬ 
dent to the power of making war, the national govern¬ 
ment has the power to bury the dead who have fallen 
in battle, and to appropriate for this purpose such lands 
as are necessary, to hold such burial places, and to pro¬ 
tect them from desecration. If the consent of the legis¬ 
lature of the State in which the burial place is situated 
can be obtained, I think it might well be held to be 
included under the terms of the Constitutional provision 
above cited, and exclusive jurisdiction over it be thus 
acquired. 

Your secoud and third questions are “whether, under 
the requirements of the joint resolution of September 
11, 1841, the title-papers of such lands are to be sub¬ 
mitted to the Attorney-General for his opinion as to 
their validity”; and “whether, under the joint resolu¬ 
tion just cited, this department (the War Department) 
is legally estopped from paying any money for land pur¬ 
chased for cemeterial purposes, until the consent of the 
State legislature to its acquisition by the United States 
has been obtained.” 

The act of February 22, 18G7, # contemplates pur¬ 
chases of lauds for all public purposes, and establishes, 
as a general rule applicable to them, that no public 
money shall be expended in the purchase until the opin¬ 
ion of the Attorney-General on the validity of the title 

* Supposed clerical error for the “Joint resolution September 11, 
1841.” 



23 


shall be obtained and the consent of the legislature of 
the State in which the lauds are situated is given, but 
no reference is made to the joint resolution of 1841 in 
the act of 18G7, and the subject-matter of the act, as 
well as some of its provisions, leads me to the conclusion 
that no reference to the joint resolution was intended. 
The National Cemeteries had been already practically 
established in many cases by their relation to the bat¬ 
tle-fields of the war. The act provides for taking and 
holding them without the consent of the owner, and I 
cannot suppose that it was the intention of Congress 
that the owner should be deprived of his land without 
compensation, because the consent of the legislature of 
the State might not be given to the appropriation of 
the land to public use by the national authority. 

The resolution of 184L refers only to lands to be pur¬ 
chased by the United States. The statute of 1867 con¬ 
templated not only purchase but appropriation, under 
the right of eminent domain. As, therefore, I do not 
think that the consent of the legislature of the State in 
which the lands are situated is necessary to authorize 
payment for the lands selected for National Cemeteries, 
it follows that the opinion of the Attorney-General as 
to the validity of the title to be acquired, the necessity 
for which depends upon the same section of the resolu¬ 
tion of 1841, cannot be considered essential. 

But I think it would be highly expedient and proper 
for the Secretary of War to submit the title to be ac¬ 
quired to lands designated as National Cemeteries to the 
Attorney-General for his opinion. When money is to 
be paid, of course the question to whom it is to be paid, 
that is, the question in whom the title in fee to the land 
is vested, must always arise, and, for the safety of the 


24 


government and to avoid possible controversies among 
different claimants, it would seem to be expedient that 
the usual course of investigatingtitles should be adopted. 
It is not, however, in this case, in my opinion, absolutely 
required by law. 

You further ask my advice as to the best measures to 
adopt, if any be necessary, to perfect the title and juris¬ 
diction of the United States in those cases where the 
purchase-money has been paid before the consent of the 
State legislatures could be obtained. As the act of 
1867 shows that it was the intention of Congress that 
exclnsivejurisdiction over the National Cemeteries should 
be obtained by the United States, and as I am of the 
opinion that this can only be acquired by obtaining the 
consent of the legislatures of the States, I must suppose 
it to be the intention of Congress that such consent 
should be asked, and that it would be a proper course 
for the Secretary of War to apply to the respective legis¬ 
latures for their consent, the procurement of which would 
make the act of 1867 completely operative. Such a course 
was indicated in the sixth section of the joint resolution 
of 1841 to be adopted in similar cases then existing. 

The papers referred to are herewith returned. 

Very respectfully, your obedient servant, 

E. E. HOAE, 
Attorney-General. 

Hon. John A. Eawlins, 

Secretary of War. 

Be it enacted , <£•<>., That from the time any State legis¬ 
lature shall have given, or shall hereafter give, the con¬ 
sent of such State to the purchase, by the United States, 
of any National Cemetery mentioned in the act entitled 


25 


“An act to establish and protect National Cemeteries,” 
approved February twenty-second, eighteen hundred 
and sixty-seven, the jurisdiction and power of legisla¬ 
tion of the United States over such cemetery shall, in all 
courts and places, be held to be the same as is granted 
by section eight, article one, of the Constitution of the 
United States; and all the provisions of said act of 
February twenty-second, eighteen hundred and sixty- 
seven, shall be applicable to the same. 

Sec. 2. And be it further enacted, That it shall be the 
duty of the Secretary of War to cause copies of this 
present act to be sent to the governors of all such States 
wherein any of such National Cemeteries maybe situated, 
to the end that the legislatures of such States may give 
the consent herein mentioned. 

(Approved July 1, 1870. G. O. 85, A. G. O., 1870.) 


Department of Justice. 

July 29, 1874. 

Sir: The following question is proposed by Henry 
W. Scott, “contractor,” in his letter, dated July 16, 
1874, addressed to the Quartermaster-General, which 
letter was referred to me by you July 24, 1874: “Is 
property within the inclosure of a United States National 
Cemetery, to be used for the United States by a con¬ 
tractor on the ground, liable to attachment or levy 
under any circumstances, without a judgment being first 
obtained against such contractor?” 

From the Quartermaster-Geuerafs indorsement on the 
letter it appears that the title to the property in ques¬ 
tion is in the contractor—that the United States has no 
claim to it. 



26 


By tbe Constitution Congress lias power to exercise 
“exclusive legislation” “in all cases whatsoever’ 7 over 
all places purchased by the consent of the legislature of 
any State “for the erection of forts, magazines, arsenals, 
dock-yards, and other needful buildings.” No time need 
be spent in showing that land purchased for cemeteries 
is within this provision of the Constitution. The govern¬ 
ment has decided that these places and the structures 
on them are “needful.” It was long ago held, and the 
decision has been acquiesced in, that “ exclusive jurisdic¬ 
tion is the attendant upon exclusive legislation,” and 
that when a State for the purposes mentioned has given 
its consent to the purchase of land within its limits by,,,, 
the United States, the State’s jurisdiction is completely 
ousted .—(United States v. Cornell , 2d Mason , 60-63; 1 
Kent Com., 429.) It follows in such case that no State 
process, civil or criminal, can run upon said lauds unless 
there is a special exception or reservation in the cession 
or in the State’s consent to the purchase.—(1 Woodbury 
& Minot , 76-82.) And it is my opinion that personal 
property upon lands ceded to the United States without 
condition is not subject to be levied on by attachment 
or atfy other process issued by the authority of the State. 

It is subject to United States process only. But if, as 
is usually the case, the State in making the cession or in 
giving its consent to the purchase reserved the right to 
serve and execute its process upon the land, or annexed 
any other like condition, it has been held that the “ ac¬ 
ceptance of a cession with this reservation amounts to 
an agreement on the part of the United States to permit 
the free exercise of such process as being quoad hoc its 
own process”; “and upon any other construction the 
cession would be nugatory and void.”—(I Kent Com., 


429-30, and the case above cited 5 2 Mas., 05, GO 5 also, 
United States v. Davis , 5 Mason, 356.) 

I think, therefore, that if the lands of auy National 
Cemetery were ceded or the purchase thereof consented 
to by the State within whose boundaries they are, with 
a reservation of “concurrent jurisdiction,” or of the right 
to serve its process on said lands, personal property 
within the inclosure of such cemetery is liable to be taken 
by writ of attachment or any other lawful process issued 
by the authority of said State if the title to the property 
is in the defendant, whether the contractor for such 
cemetery or auy other person. As the writ of attach¬ 
ment is mesne process and precedes judgment the last 
clause of the question is answered. 

I am, sir, very respectfully, 

S. F. PHILIPS, 

Solicitor-General and Acting Attorney-General. 
lion. Wm. W. Belknap, 

Secretary of War. 

















2l> 


CLASSIFICATION. 


FIRST CLASS. 


(ray of superintendents $75 per month.) 


Antietam, Md. 
Arlington, Ya. 
Audersonville, Ga. 
Beaufort, S. C. 

City of Mexico, Mexico. 
Corinth, Miss. 

Camp Nelson, Ky. 
Chattanooga, Teun. 
Chalmette, La. 
Fredericksburg, Ya. 
Gettysburg, Pa. 
Hampton, Ya. 

Jefferson Barracks, Mo. 
Little Bock, Ark. 


Mound City, Ill. 
Memphis, Tenn. 

Marietta, Ga. 

Nashville, Tenn. 

Natchez, Miss. 

Pittsburg Landing, Teun. 
; Poplar Grove, Ya. 

| Port Hudson, La. 
Kichmond, Ya. 

Salisbury, N. C. 

Soldiers’ Home, D. C. 
Stone liiver, Tenn. 
Yicksburg, Miss. 


SECOND CLASS. 

(Pay of superintendents $70 per month.) 


Alexandria, Ya. 
Alexandria, La. 
Brownsville, Tex. 

Baton Bouge, La. 

City Poiut, Ya. 

Culpeper, Ya. 

Fort Leavenworth, Kans. 
Fort Smith, Ark. 
Florence, S. C. 


Fort Scott, Kans. 
Knoxville, Tenn. 

Logan’s Cross Hoads, Ky. 
Mobile, Ala. 

New Berne, N. C. 
Philadelphia. Pa. 

Kaleigh, N. C. 
Wilmington, N. C. 
Winchester, Ya. 






30 


r 


THIRD CLASS. 

(Pay of superintendents $G5 per month.) 


Annapolis, Md. 
Barrancas, Fla. 
Camp Butler, Ill. 
Cold Harbor, Ya. 
Danville, Ya. 
Fayetteville, Ark. 
Fort Gibson, Ind. T. 


Fort Donelson, Tenn. 
Jefferson City, Mo. 
Keokuk, Iowa. 

New Albany, Ind. 
Springfield, Mo. 
Yorktown, Ya. 


FOURTH CLASS. 


(Pay of superintendents $60 per month.) 


Battle Ground, D. C. 
Balks Bluff, Ya. 
Beverly, N. J. 

Cave Hill, Ky. 

Crown Hill, Ind. 
Cypress Hills, N. Y. 
Danville, Ky. 

Fort Harrison, Ya. 
Flinn’s Point, N. J. 
Fort McPherson, Nebr. 
Glendale, Ya. 


Grafton, W. Ya. 
Lexington, Ky. 

Laurel, Md. 

Lebanon, Ky. 

Loudon Park, Md. 

Bock Island, Ill. 

San Antonio, Tex. 

Seven Pines, Ya. 
Staunton, Ya. 

Woodlawn (Elmira), N. Y. 


G. O. 82, 187G, and 68, 1877, A. G. O. 




31 


APPROPRIATIONS. 



For support 
of National 
Cemeteries. 

For pay of 
superin¬ 
tendents. 

Act of July 28,1636. 

$50,000 00 


Act of February 22, 1867. 

700,000 00 


Fiscal year 1869-70, act March 3, 1869. 

600,000 00 


Fiscal year 1870-71, act July 15,1870.. 

300,000 00 


Fiscal year 1871-72, act March 3, 1871. 

200,000 00 


Fiscal year 1872-73 $ aC f } Iay 

J } act June 0, 1872.. 

| 300,000 00 


Fiscal year 1873-74, act March 3,1873. 

275,000 00 


Fiscal year 1874-75, act June 16,1874. 

150,000 00 


Fiscal year 1875-76, act March 3,1875. 

150, 000 00 


Fiscal year 1876-77, act July 24,1876.. 

125,000 00 

*$57,759 00 

Fiscal year 1877-78, act November 21, 
1877 . 

125, 000 00 

59,000 00 

Fiscal year 1878-79, act June 18,1878 

100,000 00 

59,000 00 


* Prior to July 1, 187C, snpeiiitendenta of National Cemeter'es were paid by 
the Pay Department. 

















































































































































































































INTERMENTS. 


Who may be interred in National Military Cemetries: 

“Soldiers who shall die in the service of the country.” 
(Act approved July 17, 1862. G. O. 91, A. G. O., 1862.) 

“Soldiers of the United States who fell in battle or 
died of disease in the field and in hospital during the 
war of the rebellion.” (Resolution approved April 13, 
1866. G. O. 62, A. G. O., 1866.) 

“Be it enacted , tfcc., That from and after the passage 
of this act all soldiers and sailors honorably discharged 
from the service of the United States, who may die iu a 
destitute condition, shall be allowed burial in the Na¬ 
tional Cemeteries of the United States.” (Approved, 
June 1, 1872. G. O. 40, A. G. O., 1872.) 

“ Be it enacted , &c ., That honorably discharged sol¬ 
diers, sailors, or marines, who served during the late 
war either iu the regular or volunteer forces, dying sub¬ 
sequent to the passage of this act, may be buried in any 
National Cemetery of the United States free of cost, and 
their graves shall receive the same care and attention 
as the graves of those already buried. The production 
of the honorable discharge of the deceased shall be au¬ 
thority for the superintendent of the cemetery to permit 
the iuterment.” (Approved, March 3, 1873. G. O. 47, 
A. G. O., 1873.) 

The Executive appears to have no discretion as to the 
class of persons to be admitted to National Cemetries, 
3 M c 



34 


as Congress lias designated (sec. 4878, Revised Statutes) 
who may be buried therein, namely: 

“All soldiers or marines, dying in the service of the 
United States, or dying in a destitute condition after 
having been honorably discharged from the service, or 
who served during the late war either in the regular or 
volunteer forces, may be buried in any National Ceme¬ 
tery free of cost.” (Decision of Secretary of War, Sep¬ 
tember 11, 1877.) 

When officers and soldiers die at temporary camps, 
or on detached service, and their bodies are not claimed 
by parents or parties who have a natural right to them 
for proper interment, the immediate commanding officer 
will cause the body to be decently coffined and trans¬ 
ported for burial at the expense of the Quartermaster’s 
Department to the nearest regular fort, barrack, or Na¬ 
tional Cemetery, the property of the United States, 
unless in the judgment of such commanding officer 
burial at the place of death be proper and right. A 
report in each case to be made to the Ad ju tent General 
f the Army. (G. O. 43, A. G. O., 1877.) 


HEADSTONES. 


Iu the arrangement of the National Cemeteries, estab¬ 
lished for the burial of deceased soldiers and sailors, the 
Secretary of War is hereby directed * * * “ to cause 
each grave to be marked with a small headstone, or 
block, with the number of the grave inscribed thereon, 
corresponding with the number opposite to the name of 
the party, in a register of burials to be kept at each 
cemetery and at the office of the Quartermaster General, 
which shall set forth the name, rank, company, regiment, 
and date of death of the officer or soldier; or, if un¬ 
known, it shall be so recorded.” (Sec. 1, act of Febru¬ 
ary 22, 1807. G. O. 8, x\. G. O., 18G7.) 

“Be it enacted , tfee., That section one^of an act entitled 
‘An act to establish and to protect National Cemeteries, ? 
approved February twenty-second, eighteen hundred 
and sixty-seven, be amende l as follows: ‘The Secretary 
of War shall cause each grave to be marked with a small 
headstone, with the name of the soldier and the name 
of his State inscribed thereon, when the same are known, 
in addition to the number required to be inscribed by 
said section ; and he shall, within ninety days from the 
passage of this act, advertise for sealed proposals of 
bids for the making and erection of such headstones, 
which advertisements shall be made for sixty days suc¬ 
cessively iu at least twenty newspapers of general cir¬ 
culation in the United States, and shall call for bids for 
the doing of said work, in whole or in part; and upon 



/ 


36 

the opening of such bids the Secretary of War shall, 
without delay, award the contracts for said work to the 
lowest responsible bidder or bidders, in whole or in part; 
and said bidders shall give bond to his satisfaction for 
the faithful completion of the work.’” (Approved June 
8 , 1872. G. O. 65, A. G. O., 1872.) 

Appropriated to provide for the erection of headstones 
upon the graves of soldiers in the National Cemeteries, 
$200,000. (Act approved June 10, 1872. G. O. 52, A. 
G. O., 1872.) Unexpended balance continued and ren¬ 
dered available for its original purposes. (Act approved 
March 3, 1875. G. O. 24, A. G. O., 1875.) 

The headstones required by an act entitled “An act 
to establish and protect National Cemeteries,” approved 
February twenty-second, eighteen hundred and sixty- 
seven, and the act amendatory thereof, approved June 
eighth, eighteen hundred aud seventy-two, shall be of 
durable stone, and of such design and weight as shall 
keep them in place when set; aud the contract for sup¬ 
plying the same shall be awarded by the Secretary of 
War, after sixty days’ advertisement in ten newspapers 
of general circulation, to some responsible person or per¬ 
sons whose samples and bids shall in the greatest measure 
combine the elements of durability, decency, and cheap¬ 
ness; and the sum of one million dollars is hereby appro¬ 
priated for said purpose out of any money in the Treasury 
not otherwise appropriated ; and the Secretary of War 
shall first determine for the various cemeteries the size 
and model for such headstones, and the standard of 
quality and color of the stone to be used, and bids shall 
be made and decided with reference thereto; and con¬ 
tracts may be made for separate quantities of such 
headstones; and the contracts made under this act shall 


37 


provide for furnishing and setting all the said head¬ 
stones, and shall not in the aggregate exceed the sum 
hereby appropriated. (Act approved March 3, 1873. 
G. O. 44, A. G. O., 1873.) 

Be it enacted , &e., That the Secretary of War is here¬ 
by authorized and directed to have erected in the Na¬ 
tional Cemetery at Salisbury, N. C., a suitable granite 
monument to the memory of the twelve thousand Union 
soldiers who died in the prison-pen at that place and 
whose remains are buried in trenches in that cemetery; 
and the sum of ten thousand dollars, or so much thereof 
as may be neicessary, is hereby appropriated for this 
purpose out of any money in the Treasury not otherwise 
appropriated. (Approved March 3, 1873. G. O. 47, 
A. G. O., 1873.) 























CAllE AND MAINTENANCE. 


The National Cemeteries are to be venerated as the 
resting-places of the noble dead of the nation, whose 
memory the people desire to honor by making their 
graves beautiful, and by preserving them from injury or 
desecration. 

Superintendents will not attempt to keep all the walks 
and drives free from vegetatiou, but will allow them 
generally to be covered with grass, which must, however, 
be closely cut and well weeded. When the gutters are 
not paved with brick or other material they also will be 
allowed to grow over with grass. 

When Bermuda or other strong-rooted creeping grasses 
can be obtained they make excellent revetting for the 
gutters and covers for the walks and drives, when kept 
closely cut. 

When the gutters are paved, grass and weeds must be 
kept out of them, and great attention paid to keep them 
free from all obstructions, and the outlets and culverts 
open. 

Superintendents are required to be very particular in 
keeping the lodges neat and in good order, and to have 
the office in a condition to receive visitors at all times; 
and, generally, superintendents are at all times required 
to endeavor to keep the National Cemeteries in good 
order in every particular. 

The tilling up of the sunken graves should generally 
be done in the early spring; and by careful attention to 



40 


the resoddiug, these graves may be well clothed with 
green turf by the end of May. 

Superintendents will take particular pains to have the 
grass on the grave-plats cut often and neatly during the 
growing season, and will see that all coarse weeds are 
kept down and not allowed to go to seed. 

Lawn-mowers should be applied for and used for this 
purpose. (G. O. 66, A. G. O., 1873.) 

You will direct all superintendents in the Military 

Division of the-to hereafter state in their monthly 

reports from April to September, inclusive, under the 
head of “general remarks,” the number of times they 
have cut the grass on the grave-sections during the 
month, and whether with lawn-mower or scythe, and 
the number of days each cutting has occupied. Similar 
information will be furnished with regard to grassed 
walks and drives, and vacant land within the cemetery 
inclosure. 

You will instruct the local officers to see that these 
instructions are complied with before forwarding the 
report. (Circular Q. M. G. O., July 18, 1877.) 

In the selection of trees or shrubs for cultivation in any 
cemetery, the nature of the soil and character of the 
climate should be duly considered. 

Many trees and plants which flourish in a cold cli¬ 
mate cannot with any degree of success be cultivated 
where the season of hot, dry weather is prolonged and 
frost and snow are unknown; nor can tropical plants, 
without great expense for artificial protection, be propa¬ 
gated in the more northern latitudes. 

As a rule, it will be found that the best ornamental 



41 


or shade trees for cemeterial purposes are those indige¬ 
nous to the climate and soil of the locality in which the 
cemetery is locate d ; though, to add to the variety, it is 
frequently desirable to procure from other sections such 
species as can, without much labor, be made to grow 
with reasonable success. It is in the selection of these 
that judicious care should be taken. 

Nearly all trees can be raised from the seed, and ex¬ 
periments with a very great variety can in this manner 
be made at little expense. The plants or trees thus 
grown will be much more likely to live than those trans¬ 
planted from nurseries or from the forest. 

As to the proper time for transplanting, no month or 
season can be claimed as more likely to be followed by 
good results than auother. It should not, however, be 
attempted in very hot or dry weather; and whenever it 
is undertaken the work should be well and faithfully 
done. 

In transplanting evergreens, it is probable that the 
best success may be expected if the work be done in the 
spring at the North and in the fall at the South. In 
making selections from the forest, small trees and such 
as have not beeu too much shaded should be chosen. 

In all cases as much of the tree’s native soil as circum¬ 
stances will permit should be removed with it, and the 
roots disturbed as little as possible. 

In transplanting evergreens special care should be 
taken that the roots be not long exposed to the sun or 
wind, and, when planted, the soil about them should be 
well covered with leaves or some kind of mulch. 

It has beeu asserted that in transplanting a tree its 
position with respect to the cardinal points should be 
preserved. This may not be important, but its observ- 


42 


ance can easily be secured by marking' the north side of 
the trees before removal, and restoring it to its original 
position when planting. 

In preparing the ground, the holes should be suffi¬ 
ciently large and deep to admit of a considerable quan¬ 
tity of rich subsoil to be deposited therein before the tree 
is placed in position; but in no case should a tree be 
planted deeper than when in its place before removal. 

Transplanting is but the first step toward cultivation. 
For a long time the trees or plants need constant atten¬ 
tion. 

They are to be protected from the cold, the drought 
and the ravages of destroying insects. 

The soil around them should be kept loosened and 
mulched (i. e ., covered with straw or leaves to protect 
the tree from the heat of the sun, which dries it too 
much), when practicable, and in dry seasons the roots of 
the young and smaller trees should be watered. 

They should be frequently inspected, and every effort 
made to destroy or prevent the accumulation of insects 
which threaten or infest them. 

Whatever success may attend the efforts to beautify 
the cemeteries by the planting and cultivation of trees, 
much must, of course, depend upon circumstances; but 
still more depends upon the exercise of good judgment, 
diligence, patience, and perseverance. 

Much time and money have already been spent upon 
this feature of the cemeteries, and in some cases with 
satisfactory results. 

A few of the superintendents have given special atten¬ 
tion to this branch of their duties. Their labors have 
been richly rewarded. 

The treatise on this subject recently furnished from 


43 


this office (Fuller’s “Forest Tree Culturist”) should be 
carefully studied by the superintendents, who are ex¬ 
pected to familiarize themselves with matters pertaining 
to this branch of their duties, and the necessity for re¬ 
newed efforts in this direction is enjoined upon all who 
may have the care of National Cemeteries placed in their 
hands. 

In all the cemeteries there should be a small collection 
of the fruit-trees which thrive best in the neighborhood, 
and especially of those which, like cherries and pears, 
walnuts and hickory-uut trees, grow into well-propor¬ 
tioned and graceful sizes and shapes. Among the climb¬ 
ers about the lodge and ornamental shrubbery, most use¬ 
ful vines, as the native grapes (Isabella, Catawba, Con¬ 
cord, and Delaware), should have a place. (Circular Q. 
M. G. O., September 22, 1874 ) 

Sir: The following extract from the annual report 
of the officer in charge of National Cemeteries is fur¬ 
nished for your information : 

“ The soil at many of the cemeteries is very poor and 
will require a great deal of cultivation to bring it into 
the required condition. I think that in many instances, 
perhaps, too much attention has been given to the cul¬ 
tivation of flower beds. A few flowers about the lodge, 
and, perhaps, at one or two other prominent points, 
may be desirable, but it is recommended that floricul¬ 
ture in the National Cemeteries be exceedingly limited, 
for the present, at any rate. It is expensive not only 
in the original cost of the plants, but in the amount of 
labor which subsequent cultivation necessarily entails, 
which care is apt to be bestowed at the cost of neglect¬ 
ing the really important work of keeping the grave- 




44 


sections in good order. A rich, well-kept sward, and 
graceful shade-trees aud evergreens, are of paramount 
importance, and to them the cultivation of flowers should 
be invariably subordinate.” 

I concur with Captain Rockwell, and you will please 
cause his views as above expressed to be duly carried 
into effect at the cemeteries under your charge, by giv¬ 
ing the necessary instructions to the several superin¬ 
tendents. 

Where the soil is poor a judicious and economical sys¬ 
tem of fertilizing should be resorted to. If the cemetry 
is large this work should be done gradually, a portion 
each season, and the fertilizing should be kept up from 
year to year, until a good sod is obtained. Where 
a cemetery is adjacent to a military post, arrangemnts 
should be made to utilize the manure from the govern¬ 
ment stables for this purpose. (Circular Q. M. G. O., 
October 8, 1875.) 

The following is an extract from a report of Mr. 
James Gall, jr., civil engineer, in xegard to the Vicks¬ 
burg National Cemetery: 

“The organization of labor at Vicksburg is very 
effective, and might be introduced with good results at 
some of the large cemeteries. The cemetery is divided 
into districts, and one man assigned to each, whose 
duty it is to mow and otherwise keep in good condition 
his particular section during the entire season, and who 
is held strictly responsible for the proper performance 
of this work. The system was introduced at my sugges¬ 
tion last season and has been found to work admirably, 
more and better work being accomplished than when 
the men worked in gangs of three and four. Each man 


45 


is made to feel the responsibility of his position, and 
that what he does can be seen and appreciated, and 
tries to do his best. The superintendent gave a silver 
medal last season to the best mower, and the winner 
seems a s proud of it as if it had been received for col¬ 
lege honors.” 

The plan of apportioning the labor, as adopted at 
Yicksburg, would probably work to advantage at other 
large cemeteries. You will therefore cause it to be in¬ 
troduced in some of the National Cemeteries where two 
or more laborers are employed during the growing 
season; especially in the larger cemeteries—Nashville, 
Stone River, Andersonville, Marietta, Beaufort, &c. 
(Circular Q. M. G. O., January 31, 1877). 


















































































SUPERVISION, MANAGEMENT, AND INSPEC¬ 
TION. 


The whole subject of National Cemeteries is hereby 
placed under the Quartermaster-General. The records, 
&c., pertaining to that subject, heretofore kept in the 
office of Secretary of War will be turned over to the 
Quartermaster General. (G. O. GS, A. G. O., 1876. 

Upon the recommendation of the Quartermaster-Gen¬ 
eral, the correspondence between his office and the offi¬ 
cers of the Army who are on duty in charge of National 
Cemeteries will hereafter pass through the usual regu¬ 
lar military channels. 

Military commanders will exercise the same super¬ 
vision over National Military Cemeteries within the geo¬ 
graphical limits of their commands as over other mili¬ 
tary posts or establishments not specially excepted. 

The military cemeteries in the District of Columbia, 
and at Arlington and Alexandria, Va., are, however, 
attached to the Quartermaster’s principal depot of Wash¬ 
ington, and will form no part of the Division of the Atlan. 
tic. These will be the only exceptions. 

The civil engineers and the civil agents specially em¬ 
ployed by the Quartermaster-General will continue to 
make their reports direct to the Quartermaster-General. 

All military officers having to do with cemeteries will 
report through the usual regular military channels. The 
correspondence and monthly reports of superintendents 



43 


of National Military Cemeteries will follow the same 
line. (G. O. 79, A. G. O., 1876.) 

The annual inspections of National Cemeteries re¬ 
quired by law will be made by officers of the Iuspector- 
General’s Department in the course of their tours of in¬ 
spection. (G. O. 68, A. G. O., 1876.) 

Officers visiting National Cemeteries under their 
charge, for the purpose of inspection, will report result 
of such inspection to the Quartermaster-General, through 
the usual channels. (Circular Q. M. G. O., January 27, 
1877.) 

Officers will render to the Quartermaster-General 
monthly statements of disbursements of the appropria¬ 
tion for National Cemeteries on blanks furnished from 
Quartermaster-General’s Office. (Circular Q. M. G. O., 
December 1, 1873.) 

Sir: You will cause to be kept by each superintend¬ 
ent of the National Cemeteries, a record of all disburse¬ 
ments made on account of their respective cemeteries, 
showing for what purpose, and when the expenditure 
was made, to whom paid, &c. 

They should also keep an inventory of all public prop¬ 
erty in their possession, and make quarterly returns 
therefor to the officer accountable for the same. (Cir¬ 
cular Q. M. G. O., October 26, 1876.) 

Hereafter, officers serving in the Quartermaster’s De¬ 
partment who have government cemeteries under their 
charge or within their jurisdiction will provide the 
superintendents of the same with such tools, common 


49 


articles of office-furniture, stationery, &c., as may be 
necessary to tlie proper discharge of their duty; and 
such officers will be held accountable for keeping the 
superintendents properly supplied. 

All quartermaster’s stores and camp and garrison 
equipage at the various National Cemeteries will be 
borne on the returns of the commissioned officer doing 
duty in the Quartermaster’s Department, under whose 
charge or within whose district such cemeteries are. 
He will transfer them to his successor when relieved, 
taking his receipts therefor. 

He will hold each superintendent directly responsible 
to himself, by proper receipts, for the public property in 
his charge. (Circular Q. M. G. O., November 25, 1807.) 

Ordnance Office, 

War Department, 
Washington , February 8, 1809. 

Sir : I have to acknowledge your reference of Brevet 
Colonel Blunt’s letter of 23d ultimo, asking for informa¬ 
tion in relation to cannon and projectiles issued to him 
for National Cemeteries, in reply to which I have to 
state that it will be necessary for him to make return to 
this bureau for such guns, &c., as he may have received, 
and to close his return by expending the property, as 
“issued to (naming tbe cemetery) for ornamental pur¬ 
poses.” 

Respectfully, your obedient servant, 

T. J. TREADWELL, 

Brevet Lieutenant-Colonel and 

Major of Or dance, in charge. 

Bvt. Maj. Gen. M. C. Meigs, 

Quarter master General United States Army. 

4 M c 


50 


Office of National Cemeteries, 
Washington , D. (7., February 25, 1875. 

Civil engineers of the Quartermaster’s Department, on 
duty in connection, with the National Military Cemeteries, 
will, upon visiting such cemeteries on official business, 
make a report on the general condition of affairs there in 
addition to, and separate from, any report they may have 
to make relative to the special object calling for such 
visit. 

The retained copies of the superintendent’s recent 
monthly reports should be looked at, and the Engineer’s 
opinion given upon any suggestions that may be con¬ 
tained therein; where repairs of any character are re¬ 
ported, as required, the Engineer should state whether, 
in his judgment, the same are necessary $ estimate their 
probable cost and at the same time explain to the super¬ 
intendent how they should be done, but not order any 
w'ork thereon till authorized by the Quartermaster-Gen¬ 
eral. 

The general condition of the buildings, grounds, 
graves, drainage, shrubbery, &c., should be observed and 
reported upon; also whether the laboring force is suf¬ 
ficient, or more than is actually required. 

These reports should be addressed to the Quartermas¬ 
ter-General, and forwarded through the local officer in 
charge. 

A. F. EOCKWELL, 

Captain and A. Q. If., Z7. & A., 

In charge of National Cemeteries . 

Approved : 

M. C. Meigs, 

Quartermaster-Genera 7 , Bvt. Maj, Gen ., U. S. A. 


RULES AND REGULATIONS. 


A copy of the following act of Congress shall be kept 
posted at the entrance, and in several other conspicuous 
places, in each cemetery : 

Sec. 3. And be it further enacted , That any person 
who shall willfully destroy, mutilate, deface, injure, or 
remove any monument, gravestone, or other structure, 
or shall willfully destroy, cut, break, injure, or remove 
any tree, shrub, or plant within the limits of any of said 
National Cemeteries, shall be deemed guilty of a misde¬ 
meanor, aud upon conviction thereof before any district 
or circuit court of the United States within any State 
or district where any of said National Cemeteries are 
situated, shall be liable to a flue of not less than twenty- 
five nor more than one hundred dollars, or to imprison¬ 
ment of not less than fifteen nor more than sixty days, 
according to the nature and aggravation of the offense. 
And the superintendent in charge of any National Ceme¬ 
tery is hereby authorized to arrest forthwith any person 
engaged in committing any misdemeanor herein prohib¬ 
ited, and to bring such person before any United States 
commissioner or judge of any district or circuit court of 
the United States within any State or district where any 
of said cemeteries are situated for the purpose of hold¬ 
ing said person to answer for said misdemeanor, and 
then and there shall make complaint in due form. (Act 
approved February 22,1867. G. O. 64, A. G. O., 1867.) 



Visitors are expected to be orderly and civil, and are 
by law prohibited from cutting, breaking, removing, or 
iujuring any tree, shrub, or plant within the cemeteries. 

Each superintendent is required to preserve good 
order and decorum within the bounds of the cemetery 
under his charge; and should any persons persist in 
disorderly or improper conduct after being warned to 
desist, they will be ordered out, and, if necessary, put 
out of the cemetery. 

To permit cattle or other domestic animals, whether 
public or private, to run loose, or to be picketed, on the 
burial sections in the National Cemeteries is strictly 
X>rohibited. 

No superintendent will be allowed to keep pigs or 
cows in a National Cemetery, nor will any superintend¬ 
ent be allowed to keep such animals housed or penned 
within thirty feet of the inclosure of such cemetery. 

The keeping of a reasonable number of fowls may be 
permitted, provided they are not allowed to scratch up 
the grounds or injure the grave-plats. (G. O. GO, A. G. 
O., 1873.) 

Information having been received of the desecration 
of soldiers’ graves by holding picnic parties in a National 
Cemetery, and by vending refreshments therein, it is 
hereby ordered that hereafter no such practices shall be 
allowed in any National Cemetery, nor on any adjoin¬ 
ing ground within the control of the United States. 

Visitors will not be allowed in the National Cemete¬ 
ries before sunrise or after sunset. No refreshments 
will be taken into these cemeteries. 

In National Cemeteries where driving is permitted, the 
speed must be confined to a walk. If it is found difficult 


to enforce this rule at any cemetery the gates will be 
closed over the carriageway and all driving prohibited. 

These orders will be conspicuously posted at the main 
entrance of each National Cemetery, and will be rigidly 
enforced by the superintendents. (G. O. 80, A. G. O., 
1875. 

The Quartermaster-General has been informed that 
there is a tendency on the part of some superintendents 
of National Cemeteries to monopolize as a living-room 
the room designated and intended for an office for the 
reception of visitors. The attention of superintendents 
should be called to paragraph Nil of the Regulations for 
National Cemeteries, which requires them to keep the 
office in condition to receive visitors at all times. 

This portion of the lodge is built exclusively for use 
of visitors, and the families of superintendents have no 
right to occupy it; they should enter it only to clean and 
sweep it. 

Visitors wishing to enter the office should be made to 
feel by the surroundings that they are not intruding 
upon the domestic arrangements of the superintendent— 
that they are entering a room set apart especially for 
their accommodation. 

You will cause to be placed near the main entrance of 

each National Cemetery in the division of the -a 

wooden tablet bearing the following inscription : 

“Visitors are invited to enter the office in the super¬ 
intendent’s lodge, where a register is kept, and where 
information concerning this cemetery will be cheerfully 
furnished.’’ 

Application should be made for “Visitors’ Registers,” 
for such cemeteries as are not already supplied with them. 
(Circular Q. M. G. O., January 23,1877.) 



54 


It is inferred from occasional reports which reach this 
office that at several of the National Cemeteries the 
national flag is often not displayed when it should be. 

The excuse sometimes given is that a storm is expected , 
or that the flag is worn out or the halyards broken or 
that the superintendent has “gone to town.” 

The flag should be up when it does not actually storm, 
even if it has to be raised and lowered several times dur¬ 
ing the day. 

Timely requests should be made for new flags and 
halyards before the old ones become unserviceable. 

When a flag-staff is blown down or otherwise rendered 
unserviceable, the case should be promptly reported and 
steps taken to erect a new pole immediately upon receipt 
of the necessary authority. 

The desire and intention is that the flag should be kept 
flying from sunrise to sunset, excepting When it storms. 
(Circular Q. M. G. O., January 24, 1878.) 

Superintendent-, 

National Military Cemetery- 

Sir: In accordance with instructions from the Secre¬ 
tary of War, you are directed not to settle any bills on 
account ofJlie United States for the National Cemetery 
under your charge unless you have been provided with 
public funds for that purpose. 

(Circular Q. M. G. O., January 22, 1S74.) 






SU PE RINTE N D E N TS. 


APPOINTMENTS. 

Be it enacted, &e., That the Secretary of War is hereby 
authorized to select the superintendents of the National 
Cemeteries from meritorious and trustworthy soldiers, 
either commissioned officers or enlisted men of the Vol¬ 
unteer or Regular Army, who have been honorably mus¬ 
tered out or discharged from the service of the United 
States, aud who may have been disabled for active field - 
service in the line of duty. (Act approved May 18,1872. 
G. O. 51, A. G. O., 1872.) 

The superintendents of the National Cemeteries shall 
u receive for their compensation from sixty to seventy- 
five dollars per month,” to be determined by the Secre¬ 
tary of War. They are not considered as enlisted men, 
but are appointed by the Secretary of War. They are 
not entitled to clothing or subsistence, or money in lieu 
of either, and are not subject to deduction on account of 
Army Asylum. (G. O. 51, A. G. O., 1872.) 

Superintendents of National Cemeteries being civilians, 
and now paid by the Quartermaster’s Department as 
other civil employes thereof, the following regulations 
from the Secretary of War are promulgated for the in¬ 
formation and guidance of all concerned : 

I. In view of the responsibility attached to the posi¬ 
tion of superintendent, and his not beiug generally under 



50 


the direct supervision of a superior officer, it is of great 
importance that none but men of excellent character 
and fair abilities should be appointed. 

Applicants must therefore fulfill the following condi¬ 
tions, viz: 

1st. They must haveserved in the Army of the United 
States, either regular or volunteer, and must have been 
disabled for active field service in the line of duty , but 
the degree of tlieir present disability must not he such as to 
impair their efficiency in charge of cemeteries. 

2d. They must be of steady, sober, and correct habits. 

3d. They must have a fair degree of intelligence and 
education, and must be able to write legibly. 

II. All applications for the appointment of Superin¬ 
tendent should be addressed to the Quartermaster-Gen¬ 
eral of the Army, and be accompanied by testimonials 
of responsible persons in support of the above require¬ 
ments. They must be in the handwriting of the appli¬ 
cant, and must give his full name, length of service, the 
company and regiment he last served in, date and cause 
of his discharge, and his present place of residence. 

No applications from enlisted men in the Army will 
be entertained, such men being ineligible under the law. 

III. All applicants, before being appointed, will be 
examined by a board of officers to be convened, by orders 
from the Adjutant-General’s Office, in the department 
where they may be residing or serving. An applicant 
having passed a satisfactory examination, will, if selected 
for appointment, be required to serve a probationary term 
of six months as an assistant at such cemetery as the 
Quartermaster-General may designate before being defi¬ 
nitely appointed. 

Applicants thus selected will be hired by the Quar- 


term aster’s Department, at the rate of $40 per month, 
and furnished with transportation from and to their 
homes. 

If at the expiration of this probationary term the ap¬ 
plicant has shown his fitness for the position, he will 
then be eligible for appointment when a vacancy occurs. 
Should there be no vacancy at the end of the term, his 
employment will cease. He will then, in his turn, be 
duly appointed as vacancies occur. 

The number of candidates on probation will at no time 
exceed four. 

* * # * # # 

VI. Changes in the classification of cemeteries will 
continue to be made in orders through the Adjutant- 
General’s Office. 

(G. O. 37, A. G. O., 1877.) 


[General Orders No. 25.] 

Headquarters of the Army, 

Adjutant-General’s Office, 

Washington , May 21, 1878. 

By direction of the Secretary of War, the following 
opinion of the Attorney-General of the United States is 
published for the information of the Army : 

Department of Justice, 

Washington , May 15, 1878. 

Sir: By your letter of the 12th ultimo, inclosing a 
communication from the Judge-Advocate-General dated 
the 10th of the same mouth, my attention is directed to 
the question whether civilian clerks employed by quar¬ 
termasters, and also superintendents of National Ceme¬ 
teries, are amenable to the jurisdiction of a court-martial, 
which question had some time previously been pre- 


58 


sented to me by your department for an opinion thereon. 
I now have the honor to submit the following in response 
to that inquiry: 

On the 2d of June, 1876, my predecessor, Judge Taft, 
gave an opinion, upon a call from the Secretary of War 
dated the 5th of May, 1876, in which he held “ that the 
clerk of a quartermaster is so employed in the military 
service of the United States as to be amenable to the 
jurisdiction of a court-martial for any violation of the 
60th article of the Articles of War.” 

It would seem, however, that he subsequently contem¬ 
plated a reconsideration of that opinion ; for I find that 
on the 6th of December, 1876, a letter was addressed to 
him by the Secretary of War, asking his advice as to 
whether superintendents of National Cemeteries are sub¬ 
ject to the jurisdiction of a court-martial, in which the 
Secretary requests this question to be considered in con¬ 
nection with the question of the amenability of a quar¬ 
termaster’s clerk to the same jurisdiction, then “ under¬ 
stood to be under re-examination.” But nothing further 
having been done by Judge Taft in connection with the 
latter question, and he having given no opinion upon the 
other question mentioned, up to the time of his retire¬ 
ment from office, a renewal of the request for an expres¬ 
sion of the views of the Attorney-General, in regard to 
the amenability to court-martial jurisdiction of both 
quartermasters’ clerks and superintendents of National 
Cemeteries, was made by the Secretary of War on the 
20th of April, 1877. I shall, in dealing with this subject, 
regard the opinion of my predecessor, above referred to, 
as if it had been pending here for reconsideration, and 
had not in fact been reconsidered, when his incumbency 
as the head of this department terminated. 


50 


The question proposed is, whether a quartermaster’s 
clerk (i e., a civilian employed in that capacity) is amen¬ 
able to court-martial jurisdiction, aud whether the su¬ 
perintendent of a National Cemetery is amenable to the 
same jurisdiction. In other words, are the clerk and the 
superintendent, or either of them, subject to the Rules 
and Articles of War? 

In passing upon this question, it is proper to inquire, 
at the outset, whether either or both of the persons de¬ 
scribed therein belong to any of those classes of persons 
who are by the terms of the statutes in force made liable 
to military law; as the inclusion of an individual in some 
one of such classes is essential to bring him under court- 
martial jurisdiction. 

By section 1312 of the Revised Statutes, it is declared 
that “ the armies of the United States shall be governed 
by the following rules and articles”; then follow the ar¬ 
ticles, known as the Articles of War, numbered from 1 
to 128. 

Section 1091 declares what u the Army of the United 
States shall consist of.” There does not at present exist 
any military force belonging to or in the service of the 
United States other than that which is here described. 
All persons comprehended by this section are, by force 
of section 1312, subject to the said rules and articles. 

Section 4821 subjects all persons admitted into the 
Soldiers’ Home to the same rules and articles, 44 in the 
same mauner as soldiers in the Army.” 

Section 4835 subjects all inmates of the ISTational 
Home for Disabled Volunteer Soldiers to the same rules 
and articles, u in the same manner as if they were in the 
Army.” 

Section 1301 makes all prisoners under confinement in 
the military prison referred to therein, undergoing sen- 


00 


teuceof courts-martial, liable to trial and punishment by 
court-martial under the Rules and Articles of War for 
offenses committed during the said confinement. The 
next preceding sectiou (sec. 1360) provides for trial by 
court-martial, for certain offenses, of any soldier or other 
person employed in the prison 5 but the “other person ’ 7 
here mentioned (as appears from section 1347) can only 
be an enlisted man. 

These sections, namely, sections 1094, 4S24, 4835, and 
1361, indicate those persons who are by the existing 
statutes ordinarily amenable to trial by court-martial 
under the Rules and Articles of War. 

In time of war, or of rebellion, the military jurisdic¬ 
tion is by section 1343 extended over all persons “ found 
lurking or acting as spies.” 

Furthermore, by the 63d Article of War, “all retain¬ 
ers to the camp, and all persons serving with the armies 
of the United States in the field, though not enlisted sol¬ 
diers, are to be subject to orders, according to the rules 
and discipline of war.” This provision, like that con¬ 
tained in section 1343, comes into play only at a partic¬ 
ular time, namely, when the Army is in the field; and 
by virtue thereof persons of that description, though not 
otherwise subject to military law, become for the time 
amenable to court-martial jurisdiction for any breach of 
good order, whether as affecting the discipline of the 
Army or the rights of individuals. (Benet, p. 29.) 

But the question under consideration, as I understand 
it, does not relate to persons coming within the terms of 
the 63d Article of War; and it does not call for any fur¬ 
ther notice of sections 1343, 1361, 4824, and 4835. These 
sections, together with that article, will accordingly be 
passed by as unimportant in this connection. 

Leaving out of view, then, the provisions just adverted 


Cl 


to, the limits of military jurisdiction under the Rules 
and Articles of War, with respect to persons , is definitely 
and precisely fixed by section 1091, and the other sec¬ 
tions which follow and supplement it, declaring the con¬ 
stituents or components of the various branches or de¬ 
partments of the military establishment described in 
that section. Persons who do not belong to that estab¬ 
lishment—who are not a part of the Army, as thus fixed 
and defined—are not subject to such jurisdiction, except¬ 
ing, of course, where they come within the G3d article, 
or within either of sections 1313,1361,1821, and 1835. 

This results from the language of section 1312, declar¬ 
ing that the “armies of the United States” shall be 
governed by the rules and articles thereinafter set forth. 

The word “armies,” here used, must be understood as 
now comprehending those persons, and those persons 
only, who compose the Army as elsewhere defined in the 
statute (see section 1091). It is true that certain ex¬ 
pressions in the Articles of War, descriptive of those 
who are punishable for offenses therein mentioned, are 
in themselves, abstractly considered, sufficient to com¬ 
prehend other persons than the persons just referred to. 
Thus, by the 60th article, “ any person in the military 
service of the United States” may be tried by court-mar¬ 
tial for the offenses described in that article. But the 
words “ in the military service,” there used, are not to 
be taken in so general a sense as to include all who are 
employed in connection with that service in any capa¬ 
city whatever. They must be construed with the pro¬ 
vision by which the articles are preceded, and which de¬ 
clares that the latter shall govern “the Armies of the 
United States.” So construed, they properly include 
only such as belong to and serve in the Army fixed by 
law. Hence, the question of the amenability of an in- 


G2 


dividual to court-martial jurisdiction under that article 
is not to be determined according to the nature of his 
employment, that is to say, whether it is military or not, 
but solely according to the circumstance of his belonging 
or not belonging to the military establishment as defined 
in section 1094, &c. 

On examination, I find that neither a civilian em¬ 
ployed as a quartermaster’s clerk nor a superintendent 
of a National Cemetery belongs to the military estab¬ 
lishment as fixed by Congress. The Quartermaster’s 
Department is a branch of that establishment (see sec¬ 
tion 1094); but the Quartermaster’s Department is de¬ 
fined by section 1132, and the clerk of a quartermaster, 
though in its employ, is not a part of the department as 
there defined. Superintedents of National Cemeteries 
are appointed under section 4873, and are by section 
4874 required to be selected from meritorious and trust¬ 
worthy officers or soldiers who have been honorably mus¬ 
tered out or discharged from the military service; but 
they are not within the military establishment, or im¬ 
pressed with a military character, or in any way made 
subject to the military code. 

I am, therefore, of the opinion that civilian clerks em¬ 
ployed by quartermasters and superintendents of Na¬ 
tional Cemeteries are not liable to trial by court-martial 
under the Kules and Articles of War. 

I have the honor to be, very respectfully, 

CHAS. DEVENS, 

Attorney^ General. 

Hon. George W. McCrary, 

Secretary of War. 

By command of General Sherman: 

E. D. TOWNSEND, 

Adjutant - General. 


DUTIES, ETC. 


Superintendents will at all times be courteous to visit¬ 
ors and obliging in giving them information; they will 
also require all persons in their employ to treat visitors 
with civility. 

Superintendents are enjoined to make themselves ac¬ 
quainted, as far as practicable, with the proper mode of 
cultivating trees and shrubs, and of ascertaining the 
kinds that do best in their particular locality. They 
are expected to take a personal interest in the good ap¬ 
pearance of the cemeteries under their charge, and to 
be patient and persevering in their endeavors to bring 
them into perfect condition. 

While superintendents are required to be men of in¬ 
telligence, and zealous and faithful in the discharge of 
their public duties, they are also expected to be temper¬ 
ate and moral in their habits, and upright and honor¬ 
able in their private transactions. 

Any officer of the Army having knowledge of the 
misconduct of a superintendent will report the facts to 
the Adjutant-General. And it is hereby made the duty 
of the inspector and of the officer having charge of 
cemeteries to notice and report the habits and conduct 
of the Superintendents. (G. O. GG, A. G. O., 1873.) 

Superintendents of National Cemeteries will not be 
permitted, under any circumstances, to act as agents 
for, or in any manner in the interests of, contractors for 



G4 


\ 


work pertaining to suck cemeteries. (Circular A. G. O., 
May 2G, 1874.) 


In order to correct an erroneous idea in the minds of 
some of the superintendents of National Cemeteries, it 
is hereby announced that they are expected to perform 
manual labor. 

At large cemeteries, where several hands are employed, 
and at those cemeteries where visitors are numerous, the 
superintendents may not be able to do much more than 
supervise the work and give proper attention to visitors; 
but at the small cemeteries the superintendents should be 
required, as a general rule, to do most of the work needed 
to keep their respective cemeteries in good order. 

The practice, also, of some superintendents keeping 
two or more private horses is objectionable, and here¬ 
after no superintendent (without special permission) will 
be allowed to keep more than one private horse and one 
cow at a National Cemetery, and then they must be kept 
in accordance with General Orders No. GG, Adjutant- 
General’s Office, 1873. 

The superintendents must bear in mind that the Na¬ 
tional Cemeteries have not been created for their benefit, 
but that they are appointed and paid to take good care 
of the cemeteries. 

There are numerous applications for these positions 
by very worthy men ; and notice is now given that idle¬ 
ness or inattention to duty, or a spirit of personal inter¬ 
est—a propensity to make money at the expense or neg¬ 
lect of the cemetery—will be considered a sufficient cause 
for the discharge of a superintendent and the replacing 
of him by another. (Circular War Department, April 
8 , 1876.) 


65 


Superintendents will, ou the last day of every month, 
report to the Quartermaster-General, through the regu¬ 
lar military channels, the condition of the cemeteries 
under their charge, noting particularly any damage done 
or repairs required. Special reports will be made at 
other times, if occasion demand. (G. O. 64, A. G. O., 
1867, as modified by G. O. 79, A. G. O., 1876.) 

You are hereby informed that copies of your monthly 
reports to the Quartermaster General are no longer re¬ 
quired for the information of this office. You will, how¬ 
ever, on the last day of each month, forward to this 
office a report of your station and post-office address. 

In case you are at any time transferred, or granted 
leave of absence, you will report to this office the date 
of \our departure from the cemetery and the date you 
join your new station or return to duty from leave. 
(Circular A. G. O., September 30, 1876, addressed to 
superintendents.) 

The Secretary of War desires you to instruct the 
superintendents of National Cemeteries not to pay bills 
on account of the United States, either for materials, 
labor, or other services rendered, without they are pro¬ 
vided with government funds for that purpose. 

Trees, plants, and other articles have frequently been 
sent to superintendents by express, with the charges of 
transportation to be collected from them on delivery. 
In such cases the superintendents have felt bound to 
pay the bills, and have had to wait sometimes long, and 
write often, before being reimbursed. 

The laborers employed in the National Cemeteries are 
often poor men, who need their pay as soon as due, to 
5 M c 


66 


support their families, and who find it a great hardship 
to have to wait two or three weeks beyond the expira¬ 
tion of the month for their pay. In such cases super¬ 
intendents have frequently advanced money, or made 
themselves responsible for bills contracted by such labor¬ 
ers, and trouble and loss have sometimes grown out of 
these transactions. 

The Secretary of War therefore requests you to in¬ 
struct officers making disbursements on account of Na¬ 
tional Cemeteries to be particularly careful to have funds 
on hand in season to pay all authorized laborers, and to 
make these payments with as little delay as possible. 
He also directs that when articles are hereafter sent 
by express to superintendents, the charges be naid, or 
arrangements be made beforehand to make the payment 
on the return of the superintendent’s receipts for the 
articles sent. (Letter of War Department to Quarter¬ 
master-General, January 16, 1874.) 


PAY AND ALLOWANCES. 


Superintendents of the National Cemeteries shall re¬ 
ceive for their compensation from sixty dollars to sev¬ 
enty-five dollars per month, according to the extent and 
importance of the cemeteries to which they may be re¬ 
spectively assigned, to be determined by the Secretary 
of War; and they shall also be furnished with quarters 
and fuel, as now provided at the several cemeteries. 
(Section 2, act approved May 18, 1872. G. O. 51, A. G. 
O., 1872.) 

In cases where lodges have not been erected, quarters 
will be assigned by special authority of the War Depart¬ 
ment, (G. O. 18, A. G. O., 1874.) 

Allowance of fuel is as follows: 

From May 1 to August 31, one-half cord of wood per 
month or its equivalent in coal. 

From September 1 to April 30, one cord of wood per 
month, or its equivalent in coal, with one-fourth increase 
between 36th and 43d degrees N. latitude. (G. O. 18, 
A. G. O., 1874.) 

The following is established as a standard list of office- 
furniture, garrison equipage, &c., authorized to be issued 
to superintendents of National Cemeteries when on duty 
at their stations, viz: 

One office-desk; one bed-sack; six common chairs; 
one letter-book, received; two pine tables; one letter- 



68 


book, sent; one cylinder stove; one water-pail; one ax; 
one iron bunk; one hatchet, and one lantern. (G. Cb 
102, A. G. O., JL868.) 

A newly-appointed superintendent will be allowed pay 
from and including the date of his acceptance of his ap¬ 
pointment. The rate of pay will be governed by the 
grade of the cemetery to which he is assigned. Any 
unnecessary delay, however, in reporting at his station, 
after such acceptance, will be reported to this office. 

In case of change of station, a superintendent is en¬ 
titled to pay at the rate established for his new station 
from and including the date when relieved at his old 
station. The relief will not be construed as commencing 
with the date of the order changiug the station, but 
from the date when the superintendent transfers the 
charge of his cemetery to his successor. 

Persons hired temporarily as acting superintendents 
or keepers will be paid from the appropriation for Na¬ 
tional Cemeteries. (Circular Q. M. G. O., February 16, 
1878.) 


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